Returning to the Workplace: Health & Safety Guidance for Employers

It is currently anticipated that we will see some of the restrictions on businesses being relaxed over the coming months with employees returning to the workplace where possible. The UK Government has already confirmed that those working in the construction and manufacturing industries in England and Wales can return to work if the required health and safety measures are in place. Whilst the Northern Ireland Executive has now set out a roadmap for the easing of restrictions, it is not yet clear when the various stages will be implemented. Employers need to keep abreast of all government and industry guidance to ensure that they are adhering to their obligations to employees returning to the workplace following relaxation of lockdown measures.

The Health and Safety at Work (Northern Ireland) Order 1978 places a duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all of its employees. Employees also have a duty to their employer and colleagues to follow instructions regarding safe working practices. Every business operating within each of the sectors, be it in manufacturing, retail, construction or hospitality will have their own individual issues to consider. We set out a number of general points that should be considered by all employers but is important to note that this is not an exhaustive list.

Government guidance should be considered carefully and adhered to and employers should ensure that they remain up to date with any newly published guidance/regulation.

Ensure that employees are kept informed of the latest advices and given guidance on how to minimise the risk of infection and of spreading the disease.

Conduct risk assessments of business activities, keeping these under ongoing review and ensuring that all steps taken are documented . Ensure that employees are made aware of the risks and are provided with updates/reminders on an ongoing basis. As guidance and regulations are constantly changing, risk assessments should be conducted on a dynamic basis taking these into account.

Ensure that handwashing facilities are accessible and adequate and that appropriate cleaning measures are in place to control risks especially in communal areas.

Consider introducing staggered hours to avoid too many employees being in close proximity – for example at peak start/finish times and during break periods.

Employers should regularly review the advices issued by the Government regarding the use of PPE and the requirement for the use of PPE within their workplace environment.

Social distancing should be observed where possible and protective measures should be put in place where social distancing is not possible. For example, if staff are required to share a vehicle and are unable to maintain a 2 metre distance, they should wash their hands properly before getting into, and after getting out of, the vehicle (or use hand sanitiser where hand washing is not possible). Employees should also be requested to keep windows open for ventilation.

Employers should encourage employees to report any symptoms including any contact with other persons who are showing symptoms such as family members. Employers must ensure that the use of such information must be in compliance with data protection legislation.

Employers may wish to consider whether to allow any non-essential visitors onto its premises. They must ensure that any permitted visitors are made aware of protective measures in place and that they are adequately protected whilst on the premises. Employers should also consider whether it is essential for their employees to visit any places outside of their normal work environment as part of their work and they should ensure that appropriate measures are in place to protect the employee and control any risk.

Employers will be aware of their obligations under RIDDOR to report incidences of work-related deaths or injuries to the Health & Safety Executive (HSENI). HSENI has confirmed that reporting obligations relating to Covid-19 will arise where it relates to work-related exposure, for example, a healthcare worker contracting the virus as a result of working with an infected patient or a lab worker becoming exposed as a result of an accident involving a coronavirus sample.

This advice note is kept under review but does not constitute legal advice and is only up-to-date at the time of publishing. As government advices are updated on an ongoing basis, it is extremely important that all employers keep fully up to date with government guidance.

While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.